22.00.040     SPECIAL VIOLATOR SITUATIONS                     (CALEA 61.1.3)

 

Classes of persons and situations, as outlined below, often require special processing or procedures when they are encountered in traffic stops.  An officer’s enforcement action will be guided by the following:

 

Out-of-State Traffic Violators

 

Traffic infractions that are addressed in the uniform traffic code may be handled through a verbal warning or issuance of a NOI/C.  Traffic ordinances unique to the City of Bellevue should be handled with a verbal warning.  In the event a non-resident is physically arrested, the arrest will be handled in accordance with this policy.

 

Juveniles

 

If the juvenile is under 16, the infraction shall be referred to the Juvenile Court.

 

If the juvenile is 16 or older, the infraction shall be filed in the appropriate municipal or district court except if juvenile offense charges arise from the same incident, the infraction shall be referred with the criminal case to Juvenile Court.

 

Do not file traffic infractions in municipal court if there are criminal offense charges arising from the same incident.

 

Legislators

 

Members of the State legislature are privileged from physical arrest in all cases except treason, felony and breach of the peace.  They may be issued traffic citations and they may be taken into custody for the purpose of obtaining a breath test, but they will not be incarcerated for infraction or misdemeanor violations during the legislative session.  They are exempt from any civil process, fifteen days prior to the commencement and during each legislative session.  (State Constitution, Article 2, Section 16.) 

 

Foreign Diplomats and Consular Officials

 

Foreign Diplomats and Consular Officials may be issued traffic notice of infractions and citations.  They may also be taken into custody for the purpose of a breath test.  If a felony has been committed and there is probable cause to believe that a person with diplomatic or consular immunity committed the crime, detain them and obtain an arrest warrant through the prosecutor.

 

Should the question arise as to proper protocol, the U.S. Department of State Operations Center in Washington D.C. may be contacted.  If the State Department confirms that the person is protected by diplomatic or consular immunity, notify the State Department of the incident.  The situation will be handled by the U.S. State Department.  The Department's investigation involving persons with immunity will be conducted to their normal conclusion with complete thoroughness.  Investigations normally involve other persons who deserve to have the investigation proceed as usual, regardless of the final decision to prosecute.

 

Military Personnel

 

Active duty military personnel driving clearly marked military vehicles are exempt from traffic law enforcement only when traveling in convoys, with the exception of yielding to emergency vehicles.

 

If a physical arrest is made, the arresting officer will notify the on-duty supervisor.  The on-duty supervisor will notify the liaison officer of the nearest Armed Forces Investigative Headquarters Division.  This does not apply to the issuance of a NOI/C.

 

Physicians and Other Persons En Route to an Emergency                     (CALEA 61.3.3)

 

In the event an officer observes a traffic violation committed by a physician or other person en route to an alleged emergency, the officer will:

 

v     Determine that the violator is en route to an alleged emergency.  Advise the violator that traffic laws must be observed and the appropriate options

 

v     If the emergency is extreme or requires excessive speed, the violator may secure their vehicle and be provided transportation by ambulance, aid car, or by the officer, whichever is appropriate

 

In the event the emergency is not extreme but is urgent, the violator will not be detained but will be advised to proceed in a safe and prudent manner.

 

An effort will be made not to unnecessarily delay a physician responding to an emergency.  The physician's statement that an emergency exists will be accepted.

 

In no case will the officer "escort" another vehicle by preceding that vehicle with emergency equipment activated.

 

Pedestrian and Bicycle Traffic Enforcement                      (CALEA 61.1.5)

 

The Traffic Section is responsible for developing educational programs that promote pedestrian and bicycle safety, particularly programs that impact youth.

 

Officers will take enforcement action when and where pedestrian and bicycle violations are observed.  Hazardous, potential accident causing or post-accident violations may be concluded with the issuance of a NOI.

 

Off-Road Vehicular Enforcement       (CALEA 61.1.5)

 

Officers will take appropriate enforcement action for hazardous violations, as well as for drivers license, registration and vehicle equipment violations when off-road vehicles are operated illegally on city streets and property.

 

Parking Enforcement       (CALEA 61.1.13)

 

Parking regulations will be enforced with reasonableness and impartiality throughout the City.

 

Enforcement action involves a number of considerations, such as weather emergencies and the severity of violation.

 

In making enforcement decisions the officer should consider what action will most likely discourage repetition of the violation and whether or not the location of the parked vehicle is sufficiently hazardous to require its removal.

 

Refer to the Department’s Traffic Section Parking Enforcement Guidelines manual for additional information.

 

Hazardous Driving Violations      (CALEA 61.1.5)

 

Hazardous driving violations are defined as those violations of traffic laws or regulations affecting the safe movement of vehicles and pedestrians and which cause or have the potential of causing traffic accidents.

 

Officers should take enforcement action for observed or detected hazardous violations, with particular attention directed to violations which are frequently found to be a contributing cause of traffic accidents.  Enforcement action should generally involve issuance of a NOI/C.

 

Equipment Violations      (CALEA 61.1.5)

 

Officers should take enforcement action for violations of vehicle equipment regulations based on the degree of severity of the violation.  A verbal warning is appropriate enforcement action for minor, non-hazardous equipment violations.

 

The NOI/C is appropriate for equipment violations found to be potentially accident causing or having contributed to the cause of an accident (i.e., defective brakes).

 

License Violations      (CALEA 61.1.5)

 

Vehicle license (i.e., expired registration) and driver's license (i.e., no valid driver's license) infractions generally warrant the issuance of a NOI/C.

 

Miscellaneous Violations      (CALEA 61.1.5)

 

There are miscellaneous violations of traffic laws and regulations where issuance of the NOI/C is appropriate in order to satisfy the intent of the legislative body enacting the law or regulations and to protect life and property.  As an example, the NOI/C may be issued for violation of seat belt, motorcycle helmet and uninsured motorist regulations.

 

Multiple Violations      (CALEA 61.1.5)

 

The issuance of a NOI/C for multiple driving violations i.e. stacking charges stemming from the same incident are generally nonproductive and tend to be inflammatory.  This practice is generally discouraged.

 

Newly Enacted Laws and/or Regulations       (CALEA 61.1.5)

 

Verbal warnings will be issued for a period of 14 days following the effective date of a new law or regulation.

 

Public Carrier or Commercial Vehicle Traffic Violations                    (CALEA 61.1.5)

 

Will be handled in accordance with the enforcement procedures outlined herein.